Common drug charges include possession, possession with the intent to sell, and the sale of narcotics. Additionally, some individuals struggling with addiction are charged with Loitering offenses for being in known drug locations to purchase drugs.
A common drug charge is the class A misdemeanor of Criminal Possession of a Controlled Substance in the 7th Degree. As a class A misdemeanor, it is punishable by up to one year in the Broome County Jail. With charges such as Operating as a Major Drug Trafficker, an individual can spend 25- to life in state prison if convicted.
Yes. In NYS, drug distribution is categorized under various penal law offenses including Operating as a Major Drug Trafficker, Enterprise Corruption, Conspiracy.
Depending on an individual's record, it is important to negotiate as much as possible prior to indictment, as once a case is presented to a grand jury, certain plea restrictions set in. For instance, if you have a prior felony within the last 10 years from your current arrest date, you would be what is considered under the law as a second felony offender. Once you are deemed a second felony offender, in most cases it is mandatory that you serve a period of incarceration in a NYS correctional facility. Additionally, all drug cases are fact specific and many include search warrants. Search warrant applications have to be carefully reviewed and litigated to make sure that there are no procedural errors in them. A procedural error in a search warrant, or a jurisdictional defect, can lead to any evidence obtained under the search warrant being suppressed.
Sometimes when individuals are charged with drug offenses, they are also charged with weapons offenses too. Depending on the weapon that is involved, and whether the weapon is loaded, impacts the case markedly. For example, no drug offense is a violent felony, however, having a loaded firearm without the appropriate pistol permit is a violent felony and would expose an individual to a stiffer sentence in most cases.